Eloor is an island situated on the banks of Periyar river with a population
of 40,000. The largest Industrial Belt in Kerala is located at Eloor,
with more than 247 chemical industries, manufacturing petrochemical products,
pesticides, rare-earth elements, rubber processing chemicals, fertilizers,
zinc/ chrome products, leather products etc. These industries discharge
17,35,00,000 liters highly polluted effluents per day into the river Periyar.
This leads to the large-scale devastation of aquatic life in the river
and agricultural lands. In addition to this there are many unidentified
chemicals in the air, water and soil. The factories are located in such
a way that they trap the entire island and the only bridge to the mainland
is far away from the residential area. In the event of a chemical disaster
like the one happened in Bhopal, the local residents have no way to escape.

2.
In December 1999 Greenpeace
International, reported that due to the discharge of untreated effluents
there is substantial contamination of water and soil with DDT, HCH [BHC],
Endosulfan, heavy metals and a wide range of other hazardous Organochlorines.
Thereafter, in September 2003 Green peace International conducted a health
survey in the locality and found that there is an overwhelming increase
in most types of systemic diseases at Eloor. Clinically confirmed Cancer
incidence is greater in Eloor at a significant rate. In case of a Chemical
disaster, the lives of the residents of Eloor and the nearby places, including
Kochi City will be seriously affected.

It is highly necessary to provide a Disaster Management Plan and other
permanent facilities for immediate medical treatment and evacuation of
people. The petitioner as well as other local residents were approaching
the respondents 1 and 2 to take effective action to control and reduce
the pollution, for the last several years. However till this date no steps
had been taken to do so. Hence this writ petition.

3. Periyar Malineekarana
Virudha Samithi (Reg. No. E.R.841/2003) as well as other local residents
approached the Secretary to Government, Department of Health and Family
Welfare,Thiruvananthapuram and Kerala State Pollution Control Board to
take effective action to control and reduce the pollution, for the last
several years. There is a creek known as ‘Kuzhikkandam Thodu’,
carrying highly contaminated water and draining into the River Periyar.
On 10.4.1990, there was fire in this stream due to the burning of toluene,
which was discharged from Hindustan Insecticides Ltd. Since no action
was taken by the authorities in the matter of abating pollution and in
taking effective safety measures, the local residents decided to close
the stream. In order to prevent that, the Additional District Magistrate,
Fort Kochi convened a meeting of all concerned, on 27.7.1990. In that
meeting, the Pollution Control Board [KPCB] admitted that the polluted
water which is flowing through Kuzhikkandam Thodu’ is not properly
treated by the factories and that the main source of polluted water in
Kuzhikkandam Thodu’ is Hindustan Insecticides Ltd. and M/s Fertilizers
and Chemicals, Travencore Ltd.

The
following decisions had been taken in the matter:

It was directed to implement strict pollution control measures in
respect of Hindustan Insecticides Ltd. and M/s Fertilizers and Chemicals,
Travencore Ltd. The Board was directed to identify the chemicals in
the effluent water originating from these factories.

Hindustan Insecticides Ltd. and Fertilizers and Chemicals, Travencore
Ltd. will have to submit a report before the Revenue Divisional Officer,
regarding the details of the effluent water discharging from the factories
and the measures taken by them to purify the same, within 10 days.

Hindustan Insecticides Ltd. and M/s Fertilizers and Chemicals, Travencore
Ltd. have to take proper steps to acquire the lands on both sides of
Kuzhikkandam Thodu’ .

The local residents have to submit a memorandum before the Revenue
Divisional Officer regarding the rehabilitation of 85 families living
on both sides of Kuzhikkandam Thodu’. The Revenue Divisional Officer
will enquire the matter and submit a report before the Government.

Hindustan Insecticides Ltd. and M/s Fertilizers and Chemicals, Travencore
Ltd. have to enquire about the possibilities for arranging group insurance
for 85 families living on both sides of Kuzhikkandam Thodu’. The
Revenue Divisional Officer will take initiative to conduct a medical
camp for the local residents within one month and the expenses will
be met by Hindustan Insecticides Ltd. and M/s Fertilizers and Chemicals,
Travencore Ltd. The possibilities of involving companies like T.C.C,
I.R.E. etc. will also be enquired.

the companies located at Eloor Industrial Belt, should conduct the
awareness camps regarding pollution and the precautions to be taken
by the people

However till this date no steps had been taken by the concerned to implement
any of the decisions. Not even a single health survey has been conducted
in this area till this date.

4. Some environmental
groups and scientists have conducted extensive studies relating to the
impacts of pollution on the environment and human beings, at Eloor. In
1999 Greenpeace International, conducted an investigation into the nature
of effluents being discharged by Hindustan Insecticides Ltd., which is
manufacturing DDT and Endosulfan. The result of the investigation was
published in December 1999, concluding that due to the discharge of untreated
effluents there is substantial contamination of water and soil with DDT,
HCH [BHC], Endosulfan, heavy metals and a wide range of other hazardous
Organochlorines. One such study is by Greenpeace International in December
1999.

5. Aggrieved by the
incessant pollution, Periyar Malineekarana Virudha Samithi submitted several
representations to the concerned authorities as well as the erring companies
to take effective steps to redress the grievance of the public. Thereupon,
the Pollution Control Board convened a meeting with Periyar Malineekarana
Virudha Samithi on 29.6.2000.

In
the meeting the following decisions were taken:

The Board will publish a report regarding the activities of the Board
[including the new proposals] in Eloor –Edayar area by September
2000.

A monitoring station shall be set up within six months, immediately
after the land is obtained at Eloor. At this station public will be
permitted to visit and collect the information /data they require.

Arrangements shall be made to close down the unauthorized outlets
of factories if such outlets are located during the proposed survey
by the Board. It was decided to conduct a survey with the assistance
of Samithy members for locating authorized and unauthorized outlets
since 7.7.2000.

Action will be taken to start the project on heavy metal monitoring
of the lower reaches of Periyar river immediately.

A training programme for the general public will be organized jointly
by the Samithy and the Board at Eloor –Edayar area. The Board
will extend financial and Technical support for arranging the training
programme.

Supporting evidence will be given by the Board to public memorandum
on calamities for getting compensation to the affected people.

Following this, a survey was conducted to find out the unauthorized
outlets. Eventhough it was found that there are 60 outlets and 14 canals
discharging the untreated effluents into River Periyar, out of which 35
outlets are unauthorized, nothing was done by the Board till this date
for removing the same or to implement any of the decisions.

6. Thereafter, in September
2003 Green peace International conducted a health survey in the locality
and found that there is an overwhelming increase in most types of systemic
diseases at Eloor. The main organs that are affected are the neoplasm
blood and blood forming organs, endocrine, nutritional and metabolic system
mental and behavioral, nervous system, eyes and adnexa Ear and Mastoid
process, circulatory system Respiratory system, Digestive system Skin
and subcutaneous tissue, Musculo- skeletal system and connective tissue,
the Genito urinary system, Congenital malformations, deformations and
chromosomes etc. clinically confirmed Cancer incidence is greater in Eloor
at a significant rate.

7. In September 2003
the same organization published a report regarding the status of pollution
in river Periyar. From the Analytical report it can be seen that the river
Periyar is being continuously poisoned by the factories at Eloor.

8. In this regard it
is submitted that the Comptroller and Auditor General reported that due
to the insufficient monitoring of effluent treatment by industries as
well as the Pollution Control Board, Periyar river was polluted with high
concentration of chemicals. It was stated in the report that six units
operated unauthorized outlets to conceal discharge of untreated sewers.
Two massive fish kills in the river occurred in June/July 1998 due to
high concentration of chemicals, which the river could not assimilate.
Analysis of water samples by the Pollution Control Board from 12 points
in the river involving three major units, i.e., FACT Cochin Division,
Hindustan Organic Chemicals Limited, Cochin Refineries Ltd, on July 1998
disclosed concentration of Ammoniacal Nitrogen at 12 to 24 mg/l as against
permissible limit of Zero , free Ammonia 0.722 to 2.08 mg/l as against
limit of 0.05 mg/l ,dissolved oxygen at 0.73 to 3.73 mg/l as against the
minimum of 4 mg/l . In the report submitted before this Honorable Court
in November 1998, the Pollution Control Board admitted that proper dilution
and dispersion of effluent was not taking place during summer days because
of less rate of flow due to bund constructed across the Eloor branch of
the river for preventing salinity intrusion.

9. In December 2003
the Greenpeace International published another report after conducting
a follow-up study reconfirming the contamination of the entire atmosphere
of Eloor with the highly toxic Organo chlorines and heavy metals. It was
also reported that the metals found to be contaminating the creeks, exhibit
a wide range of toxic effects on terrestrial and aquatic life including
human beings. Many heavy metals, including Cadmium, Copper, mercury and
Zinc are able to accumulate in animals and fish. In addition to any local
impacts, the discharges from these factories can be expected to add to
the global burden of persistent organic and inorganic pollution.

10. In another report
published by Dr.M.L.Joseph, for Kerala Research Programme for Local Level
Development, Centre for Development Studies, Thiruvananthapuram, in January
2004, it is stated that gamma spectra Analysis of three species of edible
fishes, showed significant level of radioactive contamination due to Thorium.
The load of Mercury in Periyar River from various sources was estimated
as 0.6.Kg per day as per the studies conducted by the Board and comparatively
higher concentration of Copper and zinc in bottom sediments was recorded
and it was considered as one of the reason for absence of bottom fauna
in the polluted zone of Periyar river. Further it was reported that 16
species had been disappeared from Periyar within a span of 50 years

.The
report concluded as follows:

The large scale industrialization and the consequent effluent discharge
has made this part of the river almost lifeless or dead.

Now a days the river has become a sewage canal carrying a myriad
of hazardous and toxic industry- borne pollutants.

At present, the fishery from this area is gradually vanishing.

Massive destruction of fauna and flora including large scale fish
kills , has become routine where the river resembles a graveyard of
all biotic forms

The productivity at various level seems to be critically shattered.

Significant level of radioactivity was noted in water, sediment and
biota in Periyar River in the industrial area.

High level concentration of heavy metals in the river including Manganese,
Zinc, Cadmium and Mercury

Elevated level of nutrients like nitrate , phosphate, sulphate etc.

IAbnormal coloration like greenish brown, reddish brown, bluish brown
which changes every day with chemical smell and appearance of oil layer
coating on surface.

Fluctuation in PH ranging from 1.3. to 5.7

Comparatively higher concentration of wide spectrum of pesticides.

11. In this regard it
is submitted that in 1998 there was a massive fish killing in Periyar.
This river is the source of drinking water for more than 40,00,000 of
people .The wells and the agricultural lands in Eloor- Edayar area has
been completely rendered useless due to chemical contamination. None of
the factories have conducted any awareness programmes for the local residents
regarding the safety measures to be taken in case of an accident. No Chemical
Disaster Management Plan has been prepared by any of the industries till
this date. The Periyar Malineekarana Virudha Samithi submitted a representation
before the Minister for Fisheries to take effective action to control
and reduce the pollution. But no action was taken on the representation
till this date.

12. It is also pertinent
to note in this regard that none of the industries dealing with the hazardous
chemicals have provided the necessary data to the public regarding the
hazardous chemicals within the unit and the quantities of air and water
effluents and hazardous waste generated. The industries are functioning
without the notified sites for disposal of hazardous waste. M/s Indian
Rare Earths Ltd. is keeping thousands of tones of radioactive wastes in
their premises in totally unsafe conditions. If this is not removed and
properly disposed, it will lead to serious contamination in the surrounding
areas.

13. On 6.7.2004, at
about 2.A.M., a massive fire gutted the Endosulfan plant of the Hindustan
Insecticides Limited Factory at Eloor releasing toxic gases into the atmosphere.
Fearing for their lives hundreds of people rushed to the Eloor Ferry to
cross Periyar River. However they could not cross the river since there
was no boat service and only a few could escape from there. There are
no bus services also at that time of the night .The factory did not have
any off-site emergency plan. The fire could be brought under control only
after two and half hours. The fire Engines had to come from FACT, Kochi
Refineries, Indian Navy and The Kerala state Fire and Rescue Services.
There were no arrangements for evacuating people to prevent their exposure
to the toxic chemicals, which have long-term adverse health impacts. As
a result the people were exposed to the toxic fumes and are affected by
various diseases.

14. In case of a Chemical
disaster, the lives of the residents of Eloor and the nearby places, including
Kochi City will be seriously affected and entrapped with practically no
ways to escape. Most of the time, the doctors were not even able to diagnose
the disease caused due to the exposure to various toxic chemicals due
to the lack of ready information available from the concerned factory.
The service of a toxicologist is not available to the people at Eloor.
It is highly necessary to provide a disaster management plan and other
facilities for immediate medical treatment.

We request the Monitoring Committee on Hazardous Wastes and Hazardous
Chemicals set up by the Supreme Court to directly inspect the sites of
companies such as (1) M/s Fertilizers and Chemicals , Travancore Ltd,
Udyogamandal.P.O. (2) M/s Hindustan Insecticides Ltd, Udyogamandal.P.O.
(3) M/s Indian Rare Earths Ltd, Udyogamandal.P.O.and (4) M/s Binani Zinc,
Udyogamandal.P.O to0 assertain the above and for immediate action to rectify
the same as well as to initiate steps against the authorities for their
inactions.